Sunil Kumar Sharma And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34564 of 2018 Arising Out of PS. Case No.-293 Year-2013 Thana- KAKO District- Jehanabad ======================================================

1. Sunil Kumar Sharma, Son of Late Rajendra Singh.

2. Subodh Kumar @ Chulli, Son of Sunil Kumar Sharma. Both are Resident of Village- Imaliya, Police Station- Kako (Bhelawar O.P.) in the district of Jehanabad.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar For the Opposite Party/s :

Mr. Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Kako P.S. case no. 293 of 2013 instituted for the offence under Section(s) 379 and 411/34 of the Indian Penal Code.

It is alleged in the written report that when informant came to Patna then he found 6-7 green shisham trees have been taken away after cutting the same. The informant has sustained loss of Rs. 20,000/-. It is further alleged that on enquiry he learnt that petitioners have kept the aforesaid shisham trees after making them into pieces. Learned counsel for the petitioners has submitted that both the informant and petitioners are co sharers and there is land dispute between the parties. The informant has mere raised

Patna High Court Cr.Misc. No.34564 of 2018(3) dt.12-07-2018 2/2 suspicion and has implicated these petitioners. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Kako P.S. case no. 293 of 2013, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub Judge-1, Jehanabad, subject to the conditions as laid down under Section 438(2) Cr. P.C.

with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) shyambihari/- U T